Tag Archives: 18 December 1694

Decreet, 18 December 1694, Edinburgh

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Att Edinburgh the Eighteinth day of December Jaj vjc Nyntie four years

D1694/12/171

Decreet

Interloquitor Gardens of Ballimoir elder and younger.

The Lords of their majesties privy Councill having Considered a petition given in to them be Gardins of Ballimoir elder and younger and having Called in the petitioners Ballamoir elder upon his knees acknowledged his fault in withdrawing himself when the interloquitor was pronounced against him and Craved the Councills pardon, And Therfore the saids Lords Doe heirby recall that part of the interloquitor pronounced upon the threteinth day of December instant as to the one hundred punds Decerned against the petitioners for their alleadged Contempt and others to the first part of the said interloquitor Decerning and ordaining the saids Ballimoirs elder and younger Conjunctlie and severallie to make payment to him William2 Ewen one of the pursuers of the soume of ane hundreth punds of fyne for defraying the pursuers expenses in this proces And Ordaines the fyne to be instantly payed or the defenders to be Caried to prisone and Sir James Ogilvie having ingaged instantly to pay the fyne the defenders were dismissed from the barr And the saids Lords doe hereby Discharge and Recalls the former letters of denunciatione ordered against the defendars in this proces.

Att Edinburgh the Eighteinth day of December Jaj vjc Nyntie four years

D1694/12/171

Decreet

Interloquitor Gardens of Ballimoir elder and younger.

The Lords of their majesties privy Councill having Considered a petition given in to them be Gardins of Ballimoir elder and younger and having Called in the petitioners Ballamoir elder upon his knees acknowledged his fault in withdrawing himself when the interloquitor was pronounced against him and Craved the Councills pardon, And Therfore the saids Lords Doe heirby recall that part of the interloquitor pronounced upon the threteinth day of December instant as to the one hundred punds Decerned against the petitioners for their alleadged Contempt and others to the first part of the said interloquitor Decerning and ordaining the saids Ballimoirs elder and younger Conjunctlie and severallie to make payment to him William2 Ewen one of the pursuers of the soume of ane hundreth punds of fyne for defraying the pursuers expenses in this proces And Ordaines the fyne to be instantly payed or the defenders to be Caried to prisone and Sir James Ogilvie having ingaged instantly to pay the fyne the defenders were dismissed from the barr And the saids Lords doe hereby Discharge and Recalls the former letters of denunciatione ordered against the defendars in this proces.

1. NRS, PC2/25, 113v-114r.

2. Insertion.

1. NRS, PC2/25, 113v-114r.

2. Insertion.

Procedure, 18 December 1694, Edinburgh

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Att Edinburgh the Eighteinth day of December Jaj vjc Nyntie four years

D1694/12/161

Procedure

Letter to be drawen In favers of Ballhousie

Petition Hay of Ballhoussie Craving he may be Recommended to the kings Majestie for payment of arreirs due be the English forces to him Read and Recommended to their majesties advocat to prepar a letter from the Councill Recomending the petitioner to the king that his majestie may give such order in the matter as in his Royall wisdome he shall think fitt

Att Edinburgh the Eighteinth day of December Jaj vjc Nyntie four years

D1694/12/161

Procedure

Letter to be drawen In favers of Ballhousie

Petition Hay of Ballhoussie Craving he may be Recommended to the kings Majestie for payment of arreirs due be the English forces to him Read and Recommended to their majesties advocat to prepar a letter from the Councill Recomending the petitioner to the king that his majestie may give such order in the matter as in his Royall wisdome he shall think fitt

1. NRS, PC2/25, 113v.

1. NRS, PC2/25, 113v.

Sederunt, 18 December 1694, Edinburgh

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Att Edinburgh the Eighteinth day of December Jaj vjc Nyntie four years1

D1694/12/152

Sederunt

Earl of Melvill p seall; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Laird of Stivenson

Att Edinburgh the Eighteinth day of December Jaj vjc Nyntie four years1

D1694/12/152

Sederunt

Earl of Melvill p seall; Earl of Southerland; Earl of Mortone; Earl of Cassills; Earl of Leven; Earl of Anandale preces; Earl of Forfar; Earl of Brodalbine; Viscount Tarbat; Lord Raith; Lord Carmicheall; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Laird of Stivenson

1. NRS, PC2/25, 113v.

2. NRS, PC2/25, 113v.

1. NRS, PC2/25, 113v.

2. NRS, PC2/25, 113v.

Act, 18 December 1694, Edinburgh

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At Edinburgh 10th December 1694

A1694/12/361

Act

Protectione Gardine of Bellamoir

The Lords of ther majesties privy Councill Doe hereby grant 2 personal protectione to William Gardin of Ballamoir untill the tuentie fyfth day of December instant and that to the effect he may returne from this place to his owne home without molestatione, the proces being but only this day discust and Discharges all messingers or other officers or magistrats whatsomever to put any letters of Captione acts of warding or any other dilligence against the said William Gairdine untill the said day except for their Majesties rents and publict dues. sic subscribitur Annandale E Southerland J Morton Breadalbane Tarbat Raith James Stueart John Lauder Robert Sinclair

At Edinburgh 10th December 1694

A1694/12/361

Act

Protectione Gardine of Bellamoir

The Lords of ther majesties privy Councill Doe hereby grant 2 personal protectione to William Gardin of Ballamoir untill the tuentie fyfth day of December instant and that to the effect he may returne from this place to his owne home without molestatione, the proces being but only this day discust and Discharges all messingers or other officers or magistrats whatsomever to put any letters of Captione acts of warding or any other dilligence against the said William Gairdine untill the said day except for their Majesties rents and publict dues. sic subscribitur Annandale E Southerland J Morton Breadalbane Tarbat Raith James Stueart John Lauder Robert Sinclair

1. NRS, PC1/50, 81.

2. The word ‘protectione’ scored out here.

1. NRS, PC1/50, 81.

2. The word ‘protectione’ scored out here.

Proclamation, 18 December 1694, Edinburgh

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At Edinburgh 10th December 1694

A1694/12/351

Proclamation

Proclamatione anent Recruits and Desertors

The following proclamatione being read voted and aproven was signed and appoynted to be recorded whereof the tenor followeth A proclamatione anent recruits and regulating the seising of Desertors
William and Mary by the grace of God King and Queen of great Brittaine France and Ireland defenders of the faith To Macers of our privy Councille messingers at armes, our shirriffs in that part conjunctly and severally specially constitut greeting Forasmuchas there are severall scots officers come over for raising recruits to our scots troops in Flanders and we considering on the one Hand how much it is both for the Honour of this our ancient Kingdome and the good of our service That those forces in Flanders be effectuallie recruited and being noe less sensible on the other Hand both of the 2 accidents that have lately happned and the abuses are ordinarlie Committed on such occasions have thought fitt by a letter under our Royall Hand to recommed to the Lords of our privy Councill To give officers all necessar countenance and assistance in the makeing of the said Recruits but withall keep them within the bounds that the Law prescribes In ordor wherunto we with advyce of the said Lords of our privy Councill requyre and command all shirriffs and their Deputs Lords of Regality and their Baillies Justices of peace magistrats of our Burghs Royall and all other magistrats qhuatsomever Commanders of our Castles and forts officers of our standing forces and all others our good subjects To give their best assistance in this matter and to Cause secure all seaports and other wayes and passages out of the Kingdome to prevent the escapeing or withdrawing of Desertors and for that end That noe persone be suffered to pass out of our said Kingdome aither by sea or Land at any tyme betwixt and the first day of march next Except they have pasports duely subscryved by one of the members of our privy Councill and we with advyse foresaid strictly prohibite and discharge our said officers come for recruits from Flanders to seise any as desertors or such as have deserted from our Scots Regiments in Flanders since they were there and none others And allow the officers of our standing forces in this our ancient Kingdome To seize upon none upon the Heid of desertione but such as have deserted from one or other of the said Regiments of which they are at present officers and Discharge any persone to be seized upon one pretence of desertione before our accessione to the Croune And Discharge the officers of the standing Regiments in this our Kingdome To recruit till such tyme as the officers of Flanders shall have shipt their recruits and that violence be done to noe mane to make him engadge in our service But that such as doe voluntarlie engadge be not allowed to retract But if they offer to do the samine They be considered and secured as Desertors and for the greater 3 encouragement of such as shall engadge to goe to Flanders for our service we with advyse foresaid Doe declair That after three years service in our armies abroad they shall have their passes with full freedome to leave our service in their optione with this proviso only That if the said pass shall fall due and be by them desyred in the beginning of a Campayne They shall only be delayed to the end of the said Campayne after which they shall immediatlely have their said passes and freedome as is above declared and if any of those who shall goe to Flanders shall happen to be wounded or maimed4 So as to become unfitt for service The same Care shall be taken of them that is taken of all others on english pay and this our Royall will in the particulars above mentioned we with advyce of the Lords of our privy Councill ordaine to be duely published and punctuallie observed And further we with advyse foresaid Doe hereby Ratifie and revive the proclamatione of the date the sexteen day of December Jaj vjc nynty and two years for regulateing the levie of Recruits Willing and ordaining the same to be strictly observed in all poynts and the pains thereof upon transgression duely exacted our will is Herfore and we charge you strictly and Command That incontinent these our letters seen ye pass to the marcat cross of Edinburgh and to the marcat crosses of the head burghs of the severall shyres of this Kingdome and there in our name and authoritie by open proclamatione make intimatione hereof That none pretend ignorance Given under our signet at Edinburgh the eighteen day of December and of our Reigne the sexth year Jaj vjc nynty and four years sic subscribitur Annandale P Melvill P. S. Southerland Morton Cassillis Forfar Breadalbane 5 Tarbatt Carmichael John Lauder

At Edinburgh 10th December 1694

A1694/12/351

Proclamation

Proclamatione anent Recruits and Desertors

The following proclamatione being read voted and aproven was signed and appoynted to be recorded whereof the tenor followeth A proclamatione anent recruits and regulating the seising of Desertors
William and Mary by the grace of God King and Queen of great Brittaine France and Ireland defenders of the faith To Macers of our privy Councille messingers at armes, our shirriffs in that part conjunctly and severally specially constitut greeting Forasmuchas there are severall scots officers come over for raising recruits to our scots troops in Flanders and we considering on the one Hand how much it is both for the Honour of this our ancient Kingdome and the good of our service That those forces in Flanders be effectuallie recruited and being noe less sensible on the other Hand both of the 2 accidents that have lately happned and the abuses are ordinarlie Committed on such occasions have thought fitt by a letter under our Royall Hand to recommed to the Lords of our privy Councill To give officers all necessar countenance and assistance in the makeing of the said Recruits but withall keep them within the bounds that the Law prescribes In ordor wherunto we with advyce of the said Lords of our privy Councill requyre and command all shirriffs and their Deputs Lords of Regality and their Baillies Justices of peace magistrats of our Burghs Royall and all other magistrats qhuatsomever Commanders of our Castles and forts officers of our standing forces and all others our good subjects To give their best assistance in this matter and to Cause secure all seaports and other wayes and passages out of the Kingdome to prevent the escapeing or withdrawing of Desertors and for that end That noe persone be suffered to pass out of our said Kingdome aither by sea or Land at any tyme betwixt and the first day of march next Except they have pasports duely subscryved by one of the members of our privy Councill and we with advyse foresaid strictly prohibite and discharge our said officers come for recruits from Flanders to seise any as desertors or such as have deserted from our Scots Regiments in Flanders since they were there and none others And allow the officers of our standing forces in this our ancient Kingdome To seize upon none upon the Heid of desertione but such as have deserted from one or other of the said Regiments of which they are at present officers and Discharge any persone to be seized upon one pretence of desertione before our accessione to the Croune And Discharge the officers of the standing Regiments in this our Kingdome To recruit till such tyme as the officers of Flanders shall have shipt their recruits and that violence be done to noe mane to make him engadge in our service But that such as doe voluntarlie engadge be not allowed to retract But if they offer to do the samine They be considered and secured as Desertors and for the greater 3 encouragement of such as shall engadge to goe to Flanders for our service we with advyse foresaid Doe declair That after three years service in our armies abroad they shall have their passes with full freedome to leave our service in their optione with this proviso only That if the said pass shall fall due and be by them desyred in the beginning of a Campayne They shall only be delayed to the end of the said Campayne after which they shall immediatlely have their said passes and freedome as is above declared and if any of those who shall goe to Flanders shall happen to be wounded or maimed4 So as to become unfitt for service The same Care shall be taken of them that is taken of all others on english pay and this our Royall will in the particulars above mentioned we with advyce of the Lords of our privy Councill ordaine to be duely published and punctuallie observed And further we with advyse foresaid Doe hereby Ratifie and revive the proclamatione of the date the sexteen day of December Jaj vjc nynty and two years for regulateing the levie of Recruits Willing and ordaining the same to be strictly observed in all poynts and the pains thereof upon transgression duely exacted our will is Herfore and we charge you strictly and Command That incontinent these our letters seen ye pass to the marcat cross of Edinburgh and to the marcat crosses of the head burghs of the severall shyres of this Kingdome and there in our name and authoritie by open proclamatione make intimatione hereof That none pretend ignorance Given under our signet at Edinburgh the eighteen day of December and of our Reigne the sexth year Jaj vjc nynty and four years sic subscribitur Annandale P Melvill P. S. Southerland Morton Cassillis Forfar Breadalbane 5 Tarbatt Carmichael John Lauder

1. NRS, PC1/50, 78-80.

2. One illegible word scored out here.

3. One illegible word scored out here.

4. One illegible word scored out here.

5. The word ‘Vis’ scored out here.

1. NRS, PC1/50, 78-80.

2. One illegible word scored out here.

3. One illegible word scored out here.

4. One illegible word scored out here.

5. The word ‘Vis’ scored out here.

Sederunt, 18 December 1694, Edinburgh

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At Edinburgh 10th December 16941

A1694/12/342

Sederunt

Earl of Melvill; Earl of Southerland; Earl of Mortoune; Earl of Cassils; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Breadalbane; Lord Raith; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Laird of Stevensone

At Edinburgh 10th December 16941

A1694/12/342

Sederunt

Earl of Melvill; Earl of Southerland; Earl of Mortoune; Earl of Cassils; Earl of Leven; Earl of Annandale; Earl of Forfar; Earl of Breadalbane; Lord Raith; Lord Carmichaell; Lord Advocat; Lord Justice Clerk; Lord Fountonhall; Laird of Stevensone

1. NRS, PC1/50, 78.

2. NRS, PC1/50, 78.

1. NRS, PC1/50, 78.

2. NRS, PC1/50, 78.